South Indian Schedule Tribal v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.02.2016
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.13230 of 2013 South Indian Schedule Tribal Welfare Association (Registration No.205/1972) Represented by its Secretary Mr.K.Raghupathy ... Petitioner Vs.
The Secretary to the Government of India Ministry of Tribal Affairs Sasthri Bhavan, New Delhi-100001.
2.Adi Dravidar and Tribal welfare ADW-II Department Secretariat, Fort St.George Chennai-9.
3.The District Collector Tiruvellore Tiruvellore District.
... Respondents Writ petition is filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the third respondent to dispose the representation made by the petitioner association dated 25.11.2012 relating to disbursement of grants for the following years :- 1] 1999-2000 Rs.10,46,880/- The funds allocated has not been received by the Association 2] 2000-2001 Rs.10,46,880/- The funds allocated has been received by the Association 3] 2010-2011 Recurring Rs.10,00,000/- and not received.
4] 2011-2012 Recurring amount of Rs.16,61,579/- 5] 2012-2013 Rs.16,61,570/- Sanctioned and approved, but till date not received and suitable directions may be given to dispose such representations within the stipulated time as directed by this Court.
For Petitioner : Mr.P.Subba Reddy.
For respondents : Mr.K.Raju, ACGSC for R1. Mr.S.Pattabiraman, Government Advocate for R2 and R3.
O R D E R
With the consent of both sides, the Writ Petition is taken up for final disposal.
2.The petitioner herein is the Secretary of the Association i.e, South Indian Schedule Tribal Welfare Association. The said association is formed for the welfare and upliftment of downtrodden particularly Narikuravas, gipsis, tribal and destitute children. The association is being run over several decades from 1972, having its main office at Chennai and branches at Kancheepuram, Kadiampoondi, Madarapakkam. The branch at Kancheepuram is meant only for destitute children and Madarapakkam branch is meant for tribal children, there are nearly 100students at Madarapakkam elementary residential school. The school is run by aid from the Ministry of Tribal Affairs, New Delhi/first respondent.
In order to obtain grants every year from the first respondent, the 3rd respondent/District Collector has to inspect and report through the second respondent. The said process is being carried out from the year 1997 and the grants will be disbursed after every financial year i.e, 31st March. The grants will be approximately a sum of Rs.15,00,000/-, there is pucca building for the students and it is being fully taken care of the education, food and shelter to all the children.
3.The petitioner states that in following years the first respondent has not yet send the grants amount are given below :-
1] 1999-2000 Rs.10,46,880/- The funds allocated has not been received by the Association 2] 2000-2001 Rs.10,46,880/- The funds allocated has been received by the Association 3] 2010-2011 Recurring Rs.10,00,000/- sanctioned and not received.
4] 2011-2012 Recurring amount of Rs.16,61,579/- 5] 2012-2013 Rs.16,61,570/- Sanctioned and approved, but till date not received 4.The petitioner made several representations to the respondents and also met the first respondent and submitted the representation on 28.02.2013 and last such representation is dated 25.11.2012, the same are not considered, hence, the petitioner filed the present writ petition.
5.Heard the rival submissions made on both sides. 6.Considering the facts and circumstances, this Court directs the petitioner to submit a copy of the representation dated 25.11.2012, along with copy of this order to the third respondent. On receipt of such representation, the third respondent is directed to pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.
7.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar
To 1.The Secretary to the Government of India Ministry of Tribal Affairs Sasthri Bhavan, New Delhi-100001.
2.Adi Dravidar and Tribal welfare ADW-II Department Secretariat, Fort St.George Chennai-9.
3.The District Collector Tiruvellore Tiruvellore District.
+1cc to Mr.R.Subba Reddy, Advocate, S.R.No.12769 +1cc to Mr.K.Raju, Advocate, S.R.No.12341 +1cc to the Government Pleader, S.R.No.12577 W.P.No.13230 of 2013.
kgk(CO) srg(16/03/2016)